Judicial conduct

Question 1

The CJC governs judge’s behavior. who else does it govern?

Answer 1

anyone who functions as judge, like magistrate

Question 2

true or false: avoiding the appearance of impropriety is a stand for both judges and lawyers

Answer 2

false, it is only a standard for judges

Question 3

true or false: judges have to stay above reproach even outside the courtroom

Answer 3

yes

Question 4

can a judge use judicial letterhead to write a letter of recommendation?

Answer 4

yes

Question 5

can a judge choose which case they preside over?

Answer 5

no, they have to take cases that they are assigned unless they are disqualified

Question 6

true or false: judge cannot allow even an impression that they can be partial

Answer 6

true

Question 7

can a judge pressure parties to settle?

Answer 7

no, judge must allow day in court if the parties choose

Question 8

can a judge take ex party communication in an emergency for a substantive issue?

Answer 8

NO, if emergency, must be non substantive, circumstances require ex party communication, judge notifies other party with opportunity to respond, or other parties, no party will gain an edge because of the contact

Question 9

what should a judge do if a party goes up to them and shows them inadmissible evidence?

Answer 9

notice and respond

Question 10

true or false: judges cannot talk to anyone about a pending case

Answer 10

true, unless

other judge or court personnel as long as no facts not on record is discussed

or

another legal disinterested expert with notice to parties

Question 11

if local news contacts judge and asks how they feel about the outcome, what should the judge do?

Answer 11

no comment

Question 12

can a judge investigate a fact like searching for a clearer image than the one in evidence?

Answer 12

NO, whatever he investigates must be on record

Question 13

when must a judge recuse himself?

Answer 13

when impartiality may reasonably be questioned

Question 14

what are the grounds for disqualifying a judge?

Answer 14

bias (for or against party or lawyer) or personal knowledge of relevant facts

prior involvement in the case as witness, lawyer, judge, associate

judge or close family member has economic interest like owning stocks

judges family member is involved in proceeding (family means anything closer than cousins including aunts, nieces, etc.)

when judge knows that party or lawyer has contributed to their election campaign above the legal amount

if a judge has implied a bias before

Question 15

which grounds may a party consent to (remit)?

Answer 15

all but bias or personal knowledge of relevant facts

Question 16

can a judge take on outside extrajudicial roles?

Answer 16

yes, as long as it it would reasonably appear to undermine their independence, integrity, or impartiality

they must disclose compensation or gifts that are not de minimus.

Question 17

may judges accept gifts?

Answer 17

Not lavish ones where it could imply bias

Question 18

what activities CANT the judge do?

Answer 18

anything that would frequently lead to disqualification

participate in government position that is outside the judicial branch

Question 19

can a judge be a officer or advisor to a business?

Answer 19

no, unless it’s their personal family business

Question 20

when can judges testify as character witness?

Answer 20

only when subpoenaed

Question 21

can a judge participate in a religious org?

Answer 21

yes, as long as it is a genuine motive or religious belief

Question 22

can fulll time judges practice law?

Answer 22

no

but they can act pro se, give legal advise or draft docs for family members

Question 23

can a jduge serve as an executor, administrator, trustee, guardian, or other fiduciary?

Answer 23

no, but may for family members unless authorized by law

part time judges are OK to do so

Question 24

can a judge candidate make promises as to results in a judicial election?

Answer 24

no

Question 25

may a judge candidate be associated with a political association or hold government position?

Answer 25

no

Question 26

can judge candidate publicly support another politician’s election?

Answer 26

no

Question 27

if a sitting judge wants to run for office, can he?

Answer 27

yes, only if he resigns from judicial position

Question 28

do judges have to report if they know of substantial misconduct by another judge or lawyer?

Answer 28

yes

Question 29

does a judge have to report if they have uncertain knowledge of misconduct?

Answer 29

no, they have discretion

Question 30

if a judge knows a lawyer is struggling with mental health or alcohol problem, what are their obligations?

Answer 30

they should exercise discretion, refer to aid program. If the problem is substantial, they must report

Question 31

if someone provokes a judge, can they engage in a drunken brawl?

Answer 31

no, that would give the appearance of impropriety. adequate provocation does not excuse impropriety

Question 32

A limited partnership in which Judge’s aunt works as an administrative assistant appears as a party in Judge’s courtroom. Must she disqualify herself?

Answer 32

no, the rule only applies if close family is a party or an officer, director, general partner, managing partner, or trustee of a party.

Question 33

true or false: acquaintances appearing as parties or lawyers do not require a judge to disqualify himself from the case.

Answer 33

true. Friend is not ok, acquaintance is ok

Question 34

what is the requirement ot waive grounds for disqualification?

Answer 34

the parties must be given time to meet privately and with their clients

Question 35

true or false: A judge or judicial candidate must not personally solicit or accept campaign contributions other than through a campaign committee.

Answer 35

true

Question 36

may a judicial candidate make use of court staff, facilities, or other court resources in a judicial campaign like hosting a meet and greet?

Answer 36

no